Competition Among Municipalities as a Constraint on Land Use Exactions

Authors

• Stewart E. Sterk, Benjamin N. Cardozo School of LawFollow

Publication Date

5-1992

Journal

Vanderbilt Law Review

Abstract

The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.

Volume

45

Issue

4

First Page

831

Last Page

868

Publisher

Vanderbilt Law School

Disciplines

Courts | Land Use Law | Law | Property Law and Real Estate | State and Local Government Law

Recommended Citation

Stewart E. Sterk, Competition Among Municipalities as a Constraint on Land Use Exactions, 45 Vand. L. Rev. 831 (1992).
https://larc.cardozo.yu.edu/faculty-articles/1153